HUMAN rights group Justice for Sisters (JFS) has called for an immediate review of the Johor government’s plans to set up a rehabilitation centre targeting lesbian, gay, bisexual and transgender (LGBT) people deemed “deviant” to Islamic teachings.
“Detaining people on the grounds of changing their sexual orientation, gender identity and expression (Sogie) undeniably amounts to torture,” JFS co-founder S. Thilaga said.
She said the criminalisation and any form of effort to change a person’s Sogie is a violation of human rights guaranteed under both the Federal Constitution and international human rights law.
Johor Islamic Religious Affairs Committee chairman Mohd Fared Mohd Khalid recently said the centre, aimed to help the LGBT community, was the first to be established in Malaysia.
He added that the government has also allocated RM400,000 to set up the centre, which is expected to begin operations next July.
“The rehabilitation centre directly violates article 5 of the Federal Constitution of Malaysia, which safeguards the personal liberty, privacy and dignity of all Malaysian citizens. It also violates article 8 of the Federal Constitution, which safeguards equality before the law and prohibits discrimination on the basis of gender,” said Thilaga.
As a signatory to the UN Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw), she said Malaysia is required to ensure that there are no discriminatory laws or practices against women in all spheres.
In 2018, the Cedaw committee called Malaysia to not only amend all laws which discriminate LBTI (lesbian, bisexual, trans, and intersex) women, including the provisions of the penal code and shariah laws that criminalise same-sex relations between women, but also discontinue measures which aim to “correct” or “rehabilitate” LBTI persons, she said.
Thilaga said based on JFS’ survey of LGBT people in Malaysia, these practices result in long-term severe impacts, including negatively impacting their mental health, dropping out of schools, and suicidal ideation and attempts.
She said JFS is concerned that these state-led efforts will further increase the trust deficit in public institutions, creating more barriers for the LGBT community’s access to redress and services such as healthcare, over concerns of being reported or sent to rehabilitation centres or subjected to other Sogie-change efforts.
“JFS strongly urges the Johor government to halt its plans to establish the rehabilitation centre. We also urge Suhakam, as the national human rights institution, to engage the Johor government in a review of its plans given its severe human rights impact, and to conduct a human rights impact assessment of rehabilitation centres and similar state-sponsored Sogie-change initiatives,” she added. – The Vibes, November 30, 2023.
